What This Article Covers
This article covers best practices for using third-party logos, brand names, and trademarks in your business's promotional materials. It does not cover trademark registration for your own business, copyright law, or legal advice specific to your situation. For questions about your compliance with applicable laws, consult a licensed attorney.
Why This Matters for Your Business
Using another company's logo, brand name, or slogan in your promotional materials without permission can expose your business to legal risk. Trademark law protects businesses from having their brand identity used in ways that imply association, affiliation, or endorsement without their consent. Understanding what is and is not permitted helps you protect your business from trademark disputes and keep your marketing materials compliant.
Using Another Company's Logo or Brand Name
Using another company's logo, brand name, slogan, or similar identifying term in your promotional materials without permission may violate that company's trademark rights. Specifically, avoid using a third party's logo or brand name in any of the following ways:
- In a way that implies the other company is associated or affiliated with your business when they are not
- In a way that implies the other company endorses your business or products when they do not
- In a way that attempts to take advantage of another business's reputation to sell your own products or services
- In a way that may confuse potential customers who are searching for the other business
The use of a third party's logo or trademark is controlled by that company's published terms of use for the logo, or by specific written permissions granted by the third party. Unless the published terms of use or a contract between you and that business explicitly permits you to use their logo, for example, as a licensed reseller of their branded products avoid using their logo to promote your own products or services.
Sports Franchises, Leagues, and Major Events
Sports franchise logos, league names, team names, mascots, and major event names are protected trademarks that require explicit permission to use in your promotional materials. The following are examples of protected trademarked terms and designs that you should not use in your marketing materials without permission:
- The Olympics
- NFL, NBA, and NCAA team names, logos, and mascots
- Event names including the Super Bowl, Final Four, and Sweet Sixteen
Even if your business is a fan of a team or league, using these names or logos in your advertising without permission may constitute trademark infringement.
Creating a Logo for Your Business
Avoid designing a logo for your business that closely resembles the logo of another business or a widely recognized brand. A logo that is similar enough to cause confusion in the marketplace or that appears to use another business's reputation to promote your products may violate that company's trademark rights, regardless of whether the similarity was intentional.
Legal Disclaimer
This content is provided for convenience and informational purposes only and is not intended as legal advice. This information does not represent a complete or accurate summary of trademark law and will not be updated to reflect changes in the law. Consult a licensed attorney for questions about your compliance with applicable laws.
Frequently Asked Questions
Can I use a company's logo if I sell their products?
You may be permitted to use a company's logo if you are a licensed reseller of their branded products and the terms of your reseller agreement explicitly allow it. Review the published terms of use or your contract with that company before using their logo in your promotional materials.
Can I use a sports team's logo in my advertising if I am a fan?
No. Sports team names, logos, mascots, and major event names such as the Super Bowl and Final Four are protected trademarks. Using these in your promotional materials without explicit permission from the rights holder may constitute trademark infringement, regardless of the intent.
What should I do if I am unsure whether I can use a third party's logo?
If you are unsure whether you have permission to use another company's logo or trademark in your promotional materials, consult a licensed attorney before using it. This article is not intended as legal advice and does not cover your specific situation.
What does this article cover?
This article covers best practices for using third-party logos, brand names, and trademarks in your business's promotional materials. It does not cover trademark registration for your own business, copyright law, or legal advice specific to your situation.
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